RULE NO: RULE TITLE
69L-6.031: Stop Work Orders in Effect Against Successor Corporations or Business Entities
- NOTICE OF CHANGENotice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 31 No. 49, December 9, 2005 issue of the Florida Administrative Weekly.
69L-6.031 Stop Work Orders in Effect Against Successor Corporations or Business Entities.
(1) Under Section 440.107(7)(b), F.S., stop work orders or orders of penalty assessment issued against a corporation, partnership, or sole proprietorship shall be in effect against any successor corporation or business entity that has one or more of the same principals or officers as the predecessor corporation or business entity against which the stop work order was issued and are engaged in the same or equivalent trade or activity.
(a) For employers engaged in the construction industry, a corporation, partnership, or sole proprietorship and the successor corporation or business entity that has been issued a stop work order or order of penalty assessment, are engaged in the same or equivalent trade or activity if they each perform or have performed business operations that include operations described in at least one classification code listed in Rule 69L-6.021, F.A.C.
(b) For employers engaged in the non-construction industry, a corporation, partnership, or sole proprietorship and the successor corporation or business entity that has been issued a stop work order or order of penalty assessment, are engaged in the same or equivalent trade or activity if they each perform or have performed business operations that include operations described in at least one classification code that is in the manufacturing, goods and services, or the office and clerical industry group listed in subsection (6) of this rule.
(c) For employers that perform business operations described by one of the classification codes in the miscellaneous industry groups listed in subsection (6) of this rule, a corporation, partnership, or sole proprietorship and the successor corporation or business entity that has been issued a stop work order or order of penalty assessment, are engaged in the same or equivalent trade or activity if they each perform or have performed the same business operation described in one of the classification codes contained in the miscellaneous industry groups.
(2) A stop work order or order of penalty assessment issued against a corporation, partnership, or sole proprietorship becomes effective against a successor corporation or business entity that has one or more of the same principals, directors, officers, partners, or shareholders with a 10% or greater interest, including any affiliated person as defined in Section 440.05(15), F.S., in common with the predecessor corporation or business entity against which the original stop work order or order of penalty assessment was issued and is engaged in the same or equivalent trade or activity, through service on the successor corporation or business entity of an order applying a stop work order or order of penalty assessment to successor corporation or business entity. The order applying a stop work order or order of penalty assessment to successor corporation or business entity remains in effect until withdrawn by the department.
(3) In the event one of the following three criteria are satisfied, the department will withdraw an order applying a stop work order or order of penalty assessment:
(a) The department must have released the stop work order or order of penalty assessment in effect against the predecessor corporation, partnership, or sole proprietorship that has one or more of the same principals, officers, directors, partners, or shareholders with a 10% or greater interest, in common with the successor corporation or business entity.
(b) The principal, officer, director, partner, or a shareholder with a 10% or greater interest in the successor corporation or business entity against which the stop work order or order of penalty assessment has been served, must formally disassociate himself or herself from the predecessor corporation, partnership, or sole proprietorship by providing the department with the following:
1. Records obtained from the Florida Department of State, Division of Corporations, indicating that no person or entity affiliated with the successor corporation or business entity holds any position as an officer, director, or shareholder with a 10% or greater interest in the predecessor corporation or business entity.
2. A written statement from the current management of the predecessor corporation or business entity affirmatively acknowledging that no person affiliated with the successor corporation or business entity is engaged in any policy or decision-making capacity with the predecessor corporation or business entity.
3. Copies of the successor corporation or business entitys business records for review by the department.
(c) The successor corporation or business entity and the predecessor corporation, partnership, or sole proprietorship that has been issued a stop work order or order of penalty assessment, must no longer be engaged in the same or equivalent trade or activity, as determined by the department, pursuant to the codes from subsection (6) of this rule.
(4) An order applying a stop work order or order of penalty assessment shall take effect when served upon the employer or, for a particular worksite, when served at that worksite.
(5) Under Section 440.107(7)(c), F.S., the department shall assess a penalty of $1,000 per day against an employer for each day that the employer conducts business operations in violation of an order applying stop work order or order of penalty assessment.
(6) List of class codes, deions, and industry groups. A complete deion of class codes is contained in the SCOPES® Manual Classifications (October 2005) published by the National Council on Compensation Insurance, Inc. (NCCI) and is available for viewing through the Division of Workers' Compensation, Bureau of Compliance, 2012 Capital Circle, S.E., Hartman Building, Tallahassee, Florida 32399-4228 or a copy is available, for a fee, by calling NCCI at 1(800)622-4123. The SCOPES® list of codes, deions and industry groups is as follows:
(a) Industry Group: Manufacturing
Class Deion
1. through 3. No change.
4. 1463 ASPHALT WORKS OPERATED BY PAVING CONTRACTORS-PERMANENT LOCATION & DRIVERS
5. through 9. No change.
10. 1741
11. through 21.No change.
22. 2014 GRAIN OR FEED MILLING
23. 2016 CEREAL OR BAR MFG
24. through 25. No change.
26. 2041 CANDY, CHOCOLATE, AND CONFECTION MFG
27. No change.
28. 2070 CREAMERY OR DAIRY & ROUTE SUPERVISORS, DRIVERS
29. through 40. No change.
41. 2150 ICE MFG OR ICE DEALERS
42. through 49. No changes.
50. 2300 PLUSH OR VELVET MFG
51. through 61. No change.
62. 2501 CLOTH, CANVAS AND RELATED PRODUCTS MFG NOC
63. through 65. No change.
66. 2576 CANVAS GOODS, MTG.-NOC-SHOP
67. through 71. No change.
72. 2623 LEATHER MFG-INCLUDING TANNING, LEATHER EMBOSSING, AND WOOL PULLING
73. through 77. No change.
78. 2710 SAWMILL
79. through 81. No change.
82. 2759 PALLET, BOX OR BOX SHOOK MFG WOODEN
83. through 90. No change.
91. 2883 FURNITURE MTG.-WOOD-NOC
83. through 104. No change.
105. 3041 IRON OR STEEL: FABRICATION: IRON WORKS-SHOP-DECORATIVE OR ARTISTIC- & FOUNDRIES & DRIVERS
106. No change.
107. 3064 SIGN MANUFACTORING-METAL
108. through 114. No change.
115. 3113 TOOL MFG-NOT DROP OR MACHINE FORGED-NOC
116. 3114 TOOL MFG-DROP OR MACHINE FORGED-NOC: MACHINING OR FINISHING OF TOOLS OR DIE MAKING OPERATIONS
117. through 131. No change.
132. 3224 ENAMEL WARE MFG
133. through 179. No change.
180. 4021 BRICK OR CLAY PRODUCTS MFG NOC & DRIVERS
181. through 182. No change.
183. 4036 PLASTERBOARD OR PLASTER BLOCK MFG & DRIVERS
184. through 205. No change.
206. 4273 BAG MFG-PLASTIC OR PAPER
207.through 215. No change.
216. 4360 MOTION PICTURE: DEVELOPMENT OF NEGATIVES, PRINTING AND ALL SUBSEQUENT OPERATIONS
217.through 218. No change.
219. 4431 PHONOGRAPH RECORD MFG MAGNETRIC AND OPTICAL RECORDING & MEDIA MFG.
220.through 233. No change.
234. 4611 DRUG, MEDICINE OR PHARMACEUTICAL PREPARATION, COMPOUNDING, OR BLENDING-NO MTG. OF INGREDIENTS
235.through 251. No change.
252. 4825 DRUG, MEDICINE OR PHARMACEUTICAL PREPARATION MFG & INCLUDES MFG OF INGREDIENTS
253.through 264. No change.
(b) Industry Group: Contracting
1. through 2. No change.
3. 1322 OIL OR GAS WELL: CLEANING OR SWABBING OF OLD WELLS HAVING PREVIOUSLY PRODUCED GAS OR OIL BY CONTRACTOR NO DRILLING & DRIVERS
4.through 13. No change.
14. 5069 IRON OR STEEL: ERECTION-CONSTRUCTION OF DWELLINGS NOT OVER TWO STORIES IN HEIGHT
15. through 24. No change.
25. 5223 SWIMMING POOL CONSTRUCTION, NOT IRON OR STEEL - & DRIVERS
26. 5348 TILE, STONE, MOSAIC OR TERRAZZO WORK-INSIDE CERAMIC TILE,INDOOR STONE, MARBLE, OR MOSAIC WORK
27. No change.
28. 5403 CARPENTRY- NOC
29. through 32. No change.
33. 5472 ASBESTOS REMOVAL OPERATIONS: CONTRACTOR-PIPE AND BOILER WORK EXCLUSIVELY & DRIVERS
34. 5473 ASBESTOS REMOVAL OPERATIONS: CONTRACTOR-NOC & DRIVERS
35. No change.
36. 5478 FLOOR COVERING INSTALLATION RESILENT FLOORING CARPET AND LAMINATE FLOORING
37. through 42. No change.
43. 5509 STREET OR ROAD MAINTENANCE CONSTRUCTION, OR RECONSTRUCTION BY STATE, COUNTY OR MUNICIPAITY- ALL EMPLOYEES & DRIVERS
44. 5536 HEATING AND AIR CONDITIONING DUCT WORK SHOP & OUTSIDE
45. through 47. No change.
48. 5606 CONTRACTOR- PROJECT MANAGER, CONSTRUCTION EXECUTIVE, CONSTRUCTION MANAGER OR CONSTRUCTION SUPERINTENDENT
49. 5610 CLEANER - DEBRIS REMOVAL
50.through 52. No change.
53. 5703 BUILDING RAISING OR MOVING
54. No change.
55. 6003 PILE DRIVING
56. through 57. No change.
58. 6018 DAM OR LOCK CONSTRUCTION: EARTHMOVING OR PLACING-ALL OPERATIONS & DRIVERS
59. through 61. No change.
62. 6213 OIL OR GAS WELL: SPECIALTY TOOL OPERATION NOC-BY CONTRACTOR-ALL EMPLOYEES & DRIVERS
63. through 64. No change.
65. 6217 EXCAVATION & DRIVERS NOC
66. through 82. No change.
83. 7613 TELEPHONE OR CABLE TV LINE INSTALLATION-CONTRACTORS, SERVICE LINES AND CONNECTIONS & DRIVERS
84. 7855 RAILROAD CONSTRUCTION: LAYING OR RELAYING OF TRACKS OR MAINTENANCE OF WAY BY CONTRACTORS NO WORK ON ELEVATED RAILROADS & DRIVERS
85. No change.
86. 9534
87. 9554 SIGN INSTALLATION, MAINTENANCE, REPAIR, REMOVAL, OR REPLACEMENT- NOC & DRIVERS
(c) Industry Group: Office & Clerical
1. through 3. No change.
4. 8721 REAL ESTATE APPRAISAL COMPANY OUTSIDE EMPLOYEES
5. 8742 SALESPERSONS OR COLLECTORS OUTSIDE
6. through 18. No change.
19. 9012 BUILDINGS OPERATION BY OWNER, LESSEE, OR REAL ESTATE MANAGEMENT FIRM: PROFESSIONAL EMPLOYEES, PROPERTY MANAGERS AND LEASING AGENTS & CLERICAL SALESPERSONS
20. No change.
(d) Industry Group: Goods & Services.
1. through 32. No change.
33. 8006 GASOLINE STATION: SELF-SERVICE AND CONVENIENCE/ GROCERY-RETAIL
34. through 36. No change.
37. 8015 QUICK PRINTING-COPYING OR DUPLICATING SERVICE ALL EMPLOYEES & CLERICAL, SALESPERSONS
38. through 45. No change
46. 8045 STORE: DRUG RETAIL
47. 8046 STORE: AUTOMOBILE PARTS AND ACCESSORIES NOC & DRIVERS
48. through 51. No change.
52. 8072 STORE: BOOK, RECORD, COMPACT DISC, SOFTWARE, VIDEO OR AUDIO CASSETTE - RETAIL
53. through 54. No change.
55. 8105 STORE: HIDE OR LEATHER DEALER
56. through 59. No change.
60. 8203 ICE MFG. OR DISTRIBUTION DRIVERS
61. through 62. No change.
63. 8215 FEED, FERTILIZER, HAY, OR GRAIN DEALER & LOCAL MANAGERS, DRIVERS NO MFG
64. 8232 LUMBERYARD NEW MATERIALS ONLY: ALL OTHER EMPLOYEES & YARD, WAREHOUSE, DRIVERS
65. through 69. No change.
70. 8273 HORSE BREEDING INVOLVING STALLIONS & DRIVERS
71. 8274 HORSE BREEDING NOT INVOLVING STALLIONS & DRIVERS
72. through 82. No change.
83. 8392 AUTOMOBILE STORAGE GARAGE, PARKING LOT OR PARKING STATION, VALET SERVICE, CASHIERS OR COUNTER PERSONNEL & DRIVERS
84. 8393 AUTOMOBILE BODY REPAIR
85. through 86. No change.
87. 8719 STEVEDORING: TALLIERS AND CHECKING CLERKS ENGAGED IN CONNECTION WITH STEVEDORE WORK
88. No change.
89. 8745 NEWS AGENT OR DISTRIBUTOR OF MAGAZINES OR OTHER PERIODICALS-NOT RETAIL DEALER- & SALESPERSONS, DRIVERS
90. through 94. No change.
95. 8835 NURSING-HOME HEALTH, PUBLIC AND TRAVELING HEALTHCARE ALL EMPLOYEES
96. through 99. No change.
100. 9015 BUILDINGS-OPERATION-BY OWNER, LESSEE, OR REAL ESTATE MANAGEMENT FIRM: ALL OTHER EMPLOYEES
101. 9016 AMUSEMENT PARK OR EXHIBITIONS OPERATIONS & DRIVERS
102. through 114. No change.
115.
116. through 119. No change.
120. 9516 RADIO, TELEVISION, VIDEO, AND AUDIO EQUIPMENT INSTALLATION SERVICE OR REPAIR & DRIVERS
121. 9519 HOUSEHOLD AND COMMERCIAL APPLIANCES-ELECTRICAL- INSTALLAION, SERVICE OR REPAIR & DRIVERS
122. 9586 BARBERSHOP, BEAUTY PARLOR OR HAIRSTYLING SALON
123. No change.
(e) Industry Group: Miscellaneous
1. 0106 TREE PRUNING, SPRAYING, REPAIRING, ALL OPERATIONS & DRIVERS
2. through 12. No change.
13. 4000 SAND OR GRAVEL DIGGING & DRIVERS
14. 6811 BOATBUILDING-WOOD-NOC & DRIVERS
15. 6834 BOATBUILDING OR REPAIR & DRIVERS
16. No change.
17. 6838 BOATBUILDING OR REPAIR FIBERGLASS ONLY & DRIVERS
18. 6854 SHIPBUILDING-IRON OR STEEL NOC & DRIVERS
19. No change.
20. 6884 PAINTING: SHIP HULLS
21. through 22. No change.
23. 7205 HORSE TRAINING
24. through 26. No change.
27. 7231 TRUCKING: MAIL, PARCEL OR PACKAGE DELIVERY AND COURIER OR MESSENGER SERVICE COMPANIES ALL EMPLOYEES & DRIVERS
28. 7232 TRUCKING: MAIL PARCEL OR PACKAGE DELIVERY UNDER CONTRACT WITH THE
29. through 30. No change.
31. 7380 DRIVERS, CHAUFFEURS, MESSENGERS, AND & THEIR HELPERS NOC-COMMERCIAL
32. through 33. No change.
34. 7403 AIRCRAFT OR HELICOPTER OPERATION: AIR CARRIER-SCHEDULED OR SUPPLEMENTAL: ALL OTHER EMPLOYEES & DRIVERS
35. 7405 AIRCRAFT OR HELICOPTER OPERATION: AIR CARRIER-SCHEDULED OR SUPPLEMENTAL: FLYING CREW
36. 7409 AIRCRAFT OR HELICOPTER OPERATION: AERIAL APPLICATION, SEEDING, HERDING OR SCINTILLOMETER SURVEYING: FLYING CREW
37. 7420 AIRCRAFT OR HELICOPTER OPERATION: PUBLIC EXHIBITION INVOLVING STUNT FLYING, RACING OR PARACHUTE JUMPING: FLYING CREW
38. 7421 AIRCRAFT OR HELICOPTER OPERATION: TRANSPORTATION OF PERSONNEL IN CONDUCT OF EMPLOYERS BUSINESS: FLYING CREW
39. 7422 AIRCRAFT OR HELICOPTER OPERATION: NOC- OTHER THAN HELICOPTERS: FLYING CREW
40. 7423 AIRCRAFT OR HELICOPTER OPERATION: AIR CARRIER- COMMUTER: ALL OTHER EMPLOYEES & DRIVERS
41. through 59. No change.
60. 9186 CARNIVAL, CIRCUS OR AMUSEMENT DEVICE OPERATOR-TRAVELING-ALL EMPLOYEES & DRIVERS
61. through 62. No change.
Document Information
